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January 2018 Visa Bulletin – EB-3 India Advances Slightly; Slow Movement in EB-2 India/China

The U.S. State Department has just released the January 2018 Visa Bulletin which is the fourth Visa Bulletin for the FY2018 fiscal year. The headline in the upcoming month’s Visa Bulletin is the continued anemic forward movement in EB-2 India/China and EB-3 India.   EB-3 China continues to have a more favorable cutoff date [...]

By | 2017-12-14T09:20:22+00:00 December 14th, 2017|Articles, EB-2, EB-3, News, News Alert, Visa Bulletin|

PERM Processing Times (November 30, 2017)

Our office handles many ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing. The Department of Labor (“DOL”) has provided an update [...]

By | 2017-12-14T08:59:23+00:00 December 14th, 2017|Articles, DOL, News, News Alert, PERM|

New USCIS Policy Creates I-140 Revocation Notice Rights to AC21 Porting Beneficiaries; Requires Proactive AC21 Porting Filing

In a November 11, 2017 Policy Memorandum, USCIS has formally adopted a recent AAO decision in Matter of V-S-G Inc. and has provided guidance on its impact on AC21 beneficiaries where the underlying I-140 immigrant petition is being revoked.   The new policy memorandum states that beneficiaries who have properly ported their green card process to [...]

By | 2017-12-07T10:05:46+00:00 December 7th, 2017|AOS, Articles, Employees, Employers, I-140, I-485, News, News Alert, Policy|

Wage Level I RFEs: How Helpful are Third-Party Professor Opinions?

USCIS has been very active and relentless in raising the Wage Level I issue in many thousands (if not tens of thousands) of requests for evidence (“RFE”) since June 2017.     It has become evident that a successful Wage Level I RFE response must balance very carefully the complexity (or the “specialty [...]

By | 2017-11-13T21:57:09+00:00 November 13th, 2017|Articles, Employers, H-1B, News, News Alert|

December 2017 Visa Bulletin – Extremely Slow Forward Movement; EB-3 China Favors Downgrading

The U.S. State Department has just released the December 2017 Visa Bulletin which is the third Visa Bulletin for the FY2018 fiscal year. The headline in the upcoming month’s Visa Bulletin is the extremely slow forward movement in EB-2 India/China and no movement in EB-3 India.  EB-3 China continues to have a more [...]

By | 2017-11-16T13:50:48+00:00 November 13th, 2017|Articles, I-485, News, News Alert, Visa Bulletin|

Should I-693 Medical Exams be Submitted with the Initial Employment-based I-485 Adjustment of Status Filing?

Our recent U.S. Citizenship and Immigration Service ("USCIS") processing times reports indicate that employment-based I-485 adjustment of status ("AOS") applications are taking over a year to adjudicate.   The new requirement for in-person interview for certain I-485 cases will likely add to the processing time of a case.    At the same time, the required I-693 [...]

By | 2017-11-09T10:30:10+00:00 November 9th, 2017|Articles, I-485, News, News Alert|

USCIS Changes Deference Policy for I-129 Extensions: Raises the Bar for Approvals

In an October 23, 2017 Memorandum, U.S. Citizenship and Immigration Service ("USCIS") has issued a Policy Memorandum which eliminates the current practice of giving deference to prior approvals when adjudicating Form I-129 petition renewals where the petitioner, the beneficiary and the material facts of the petition remain unchanged.     This affects all I-129 petitions extensions, [...]

By | 2017-10-24T10:19:36+00:00 October 24th, 2017|Articles, Employers, H-1B, News, News Alert, Policy|

DV-2019 Diversity Visa (Green Card) Lottery Opens October 18, 2017 – REVISED DATES

The Department of State has revised the DV-2019 Diversity Visa (a.k.a. “green card”) lottery dates. The new dates for submission for this year’s lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 18, 2017, and noon, Eastern Standard Time (EST) (GMT-5), on Wednesday, November 22,  2017.  Previously, the DV-2019 lottery [...]

By | 2017-10-26T11:58:05+00:00 October 4th, 2017|Articles, DOS, News, News Alert|

Premium Processing Reinstated for All H-1B Cases as of October 3

USCIS has just officially confirmed as of today, October 3, 2017, they have reinstated the premium processing service for all types of H-1B petitions.    Petitions filed under the premium processing service are given a response by USCIS within 15 calendar days.  Similarly, pending "regular processing" H-1B petitions can be "upgraded" to premium processing service. [...]

By | 2017-10-03T12:34:49+00:00 September 28th, 2017|Articles, Employers, H-1B, News, News Alert|

Nonimmigrant Status 30/60 Day Rule Amended to Impose Stricter Requirements for “Inconsistent Conduct”

The U.S. Department of State ("DOS") has amended a section of the Field Adjudicators Manual ("FAM") which pertains to government officials' determinations of misrepresentation by applicants and specifically with respect to activities permitted in the U.S. on nonimmigrant visas. 9 FAM 302.9-4(B)(3) has been amended to include a section called "Inconsistent Conduct Within 90 Days [...]

By | 2017-09-21T10:54:40+00:00 September 21st, 2017|Articles, ESTA, F-1, News, News Alert, Travel|